Core Function V: Detention and Incarceration

The Department is responsible for both detaining and incarcerating
persons in Federal custody. Detention is the temporary holding of individuals
accused of Federal crimes or those awaiting sentencing or deportation.
Incarceration is the long-term confinement of convicted and sentenced
offenders. In recent years, more aggressive law enforcement, combined
with mandatory detention and sentencing requirements, has spurred a rising
demand for detention and incarceration space.

The detention and incarceration Core Function includes four Strategic
Goals that seek to (1) provide for the safe, secure, and humane confinement
of
detained persons; (2) ensure that sufficient prison capacity exists; (3) maintain
and operate Federal prisons in a safe, secure, and humane manner; and (4)
provide productive work, educational, and other programs to meet inmate
needs and to help reintegrate former inmates into society.

Strategic Goal 5.1
Provide for the safe, secure, and humane confinement of
persons who are detained while awaiting trial or sentencing,
a hearing on their immigration status, or deportation.

The Departments primary detention responsibilities go toward maintaining
secure, safe, and humane facilities for persons placed in its custody. Persons
awaiting trial on Federal charges are the primary responsibility of the U.S.
Marshals Service (USMS), which does not operate any detention centers, but rather
obtains the beds it needs from state and local jails and from the Federal Bureau
of Prisons (BOP), the Immigration and Naturalization Service (INS), and private
contract facilities. Likewise, the INS detains persons charged with violating
immigration law or entering the country illegally, or those who are awaiting
deportation. It houses its detainees in its own detention facilities (Service
Processing Centers), contract facilities, state and local jails, and BOP facilities.

This Strategic Goal includes two Performance Goals that
address detention and the Justice Prisoner and Alien
Transportation System (JPATS)the entity responsible for air
and ground movements of all persons in Federal custody.

Performance Goal 5.1.1
Detention

DOJ will work cooperatively with the private sector and state and local
governments to establish and maintain adequate capacity to detain persons
in Federal custody in cost-effective, safe, secure, and humane facilities, while
awaiting trial, a hearing, or deportation.

Specifically, we will obtain sufficient detention space for an estimated
average daily population of 28,466 persons in the custody of the USMS. The
BOP will continue to support USMS requirements by housing a significant number
of Federal pretrial detainees in BOP facilities. The remainder will be housed
in non-Federal facilities (e.g., state and local jails, private facilities).

We will also maintain detention space of 14,249 beds for persons in
the custody of INS in FY 1999.

Both the USMS and INS experienced growth in their detention
populations in FY 1999. At fiscal years end, the USMS had custody
of more than 32,000 prisoners housed in approximately
1,000 state, local, private, and Federal detention facilities
throughout the country. The USMS also used several alternatives
to detention, such as home confinement/electronic monitoring
and halfway house placement. INS had an average daily
population of 16,563 for its bedspace capacity in 1999.

At the close of FY 1999, BOP allocated approximately
11,650 beds for USMS use, with approximately 11,280 occupied
by USMS detainees. BOP facilities also housed about 1,000 INS
detainees, including Mariel Cubans. In FY 1999, INS began
implementation of the mandatory custody provisions of the
Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA). Mandatory detainees occupied 96 percent of available
INS detention space in FY 1999. Criminal aliens occupied
71 percent of available detention space, compared to 62 percent
at the end of FY 1998.

In addition to providing detention space for Federal prisoners,
the Department has a primary concern for the overall quality
of its detention facilities. In FY 1999, 10 Federal institutions
were accredited by the American Correctional Association
(ACA), bringing to 80 the total number of ACA-accredited institutions.
The annual target was 18. INS, which improved the
overall quality of its detention facilities in 1999, obtained
accreditation for four facilities.

To address a major concern over inmate health care costs, the
USMS in FY 1999 completed its managed care medical network
in the New York City area, saving $4.5 million. The USMS was
also able to save approximately $2.4 million in prisoner medical
costs by reviewing medical claims referred from other USMS
field offices throughout the Nation. Additionally, the USMS
developed and implemented two national health care policies
to (1) define medically necessary care for individuals in its
custody and (2) address issues regarding pregnant female
prisoners.

(3) The USMS anticipated having zero accidents and injury
investigations for 1999, as every performance plans goal is
to eliminate all accidents and injuries. However, for 1999, the
USMS had five injury investigations. This is not a significant
increase over 1998 or 1997, considering that more than 32,000
prisoners were in USMS custody every day. As the Federal
detainee population increases, injuries are expected to increase;
however, the USMS goal will remain the same.

(5) Six institutions were unable to complete the accreditation
process by the close of FY 1999. Five of the six have since had
successful audits and either received their accreditations in
January 2000 or will receive accreditation in August 2000; ACA
awards accreditations only twice a year at ACA conferences.
Planned FY 1999 figures were based on the use of an average
time frame of 12 months for an institution to achieve accreditation
(from purchase order issuance to successful accreditation
panel hearing). These five institutions took an average of 12
months to complete a successful ACA audit (due to variables
such as multiple institution missions, security levels, operational
priorities, changes in personnel, varying interpretations
of standards, completion of construction projects, etc.). This
extended period resulted in successful panel hearings in
January 2000. Although institutes are not required to achieve
accreditation in 12 months, they are still encouraged to adopt
the 12-month time frame as a goal; however, adhering to the
time frame does not take precedence over an institutions being
able to demonstrate ACA compliance at audit time. Regarding
the sixthFTC Oklahoma Citya decision has been made to
halt the accreditation process at this time, as there are no ACA
auditing standards that "fit" this unique institution
(airlift/transportation hub). A determination will be made later
whether to move forward with this accreditation. Two INS
facilities originally scheduled for accreditation in FY 1999 will
not have their hearings until January 2000.

Management Challenge
Shortage of Detention Space

Space to detain the Federal jail population has been a material
issue since 1989. Detention space needs to be in or close to
Federal court cities, as detainees are highly involved in the
court process. If they are housed too far away, deputy marshals
spend excessive amounts of time (and money) transporting
them back and forth for court. (The Department notes, along
with the U.S. General Accounting Office (GAO) and others, that
INS also has an issue with detention space. However, programmatically,
it is not the same issue, as most of the INS need is not
near Federal courts.) The USMS projects that this issue will
continue until at least November 2000. Meanwhile, it will
establish a team to manage the private jail contract, expand a 5-
year contract authority for jail service contracts, and establish
detention management positions in all contract jails with more
than 200 USMS prisoners.

DOJ will improve the operating efficiency of JPATS by acquiring needed
aircraft
and providing on-site aircraft maintenance at the hangar in Oklahoma
City to reduce aircraft down times and flight delays and prevent unnecessary
maintenance costs. Also, access to the Automated Prisoner Scheduling
System (APSS) will be provided to INS and BOP, as well as enhancements
to the system.

In FY 1999, JPATS added more aircraft and increased overseas flights for INS
repatriations, adding airlift stops to reduce ground movements and expedite
transit time (see Figures 14 and 15). Use of JPATS helped the INS manage a detention
population requiring longer stays and more removal coordination. JPATS performed
more than 140,000 total air movements of prisoners, inmates, and aliens in 1999.
Of these, approximately 51,600 were USMS prisoners, 60,100 were INS aliens,
25,700 were BOP prisoners, and 2,800 were nonfederal/military prisoners. The
number of air movements increased by 4 percent in FY 1999, and the number of
prisoners and detainees moved exceeded the 1999 target by approximately 700
more than planned. The USMS is able to accurately predict JPATS workload because
before the start of each fiscal year, INS, BOP, and USMS provide written estimates
of air movements to the JPATS Advisory Committee. These estimates help determine
the cost-per-seat charged. In FY 1999, the per-movement cost of prisoner transport
was $448. And in 1999, JPATS planes were generally available and ready for duty,
with unscheduled maintenance problems taking planes out of commission only 13
percent of the timewell below the 20-percent target. Acquisition of a
new leased aircraft improved performance by increasing available service hours.

JPATS also performed or coordinated more than 89,300 ground movements. Of
these, approximately 58,000 were USMS prisoners, 76 were INS aliens, nearly
30,500 were BOP prisoners, and 747 were nonfederal or military prisoners. Ground
movements have decreased 3 percent since 1995, owing to the cost efficiencies
and increased use of air transportation.

(3) Percent of time JPATS-owned aircraft are not available
due to unscheduled maintenance (USMS)

37%

18.3%

20%

13%

(4) Number of accidents, injuries, escapes (USMS)

0 / 2 / 0

0 / 3 / 0

0 / 0 / 0

0 / 5 / 0

(5) Number of components implementing the automated prisoner
scheduling system (APSS) (USMS)

NA

NA

2 of 3

2 of 3

(6) Number of prisoners moved by JPATS (USMS)

111,284

134,479

139,571

140,286

(7) User satisfaction** (USMS)

NA

NA

TBD

NA

*JPATS was unable to determine the percentage of seats filled in flights transporting
prisoners. Future planning documents will not include this performance measure,
because it cannot be accurately tracked. While USMS systems track prisoners
and their movements through the system, they do not track JPATS aircraft and
whether seats are filled during every segment of a prisoner movement. Maintaining
this statistic would require a labor-intensive effort.
**USMS did not determine user satisfaction with JPATS in 1999. The JPATS Advisory
Committee, which meets quarterly and includes representatives from the USMS,
BOP, and INS, was unable in 1999 to decide on user satisfaction criteria. It
is yet undetermined whether this performance measure will remain in future planning
documents.
Data Source: (1) STARS and APSS. (2) Not currently collected, but will be, starting
in FY 2000, when APSS is fully operational. (3) Mission Capable Status Report.
(4) Incident reports. (5) Management and Budget Division. (6) APSS. (7) Surveys
of the JPATS Advisory Committee.

Explanation For Not Meeting Target

(4) The USMS anticipated having zero accidents and injury investigations for
1999, as every performance plans goal is to have no accidents or injuries.
However, for 1999, the USMS had five injury investigations. This is not a significant
increase over 1998 or 1997, considering that more than 32,000 prisoners were
in USMS custody each day. As the Federal detainee population increases, injuries
are expected to increase; however, the USMS goal will remain the same.

Strategic Goal 5.2
Ensure that sufficient prison capacity exists so that violent
and other serious criminal offenders are imprisoned to the
fullest extent of the law.

To try and keep pace with a burgeoning inmate population and
reduce overcrowding, BOP each year expands bedspace capacity
through construction projects and facility activations, while also
exploring alternatives to traditional confinement. This Strategic
Goal includes four Performance Goals that address prisoner
bedspace capacity activation, prison construction, contract
confinement, and the National Capital Revitalization and
Self-Government Improvement Act of 1997 (the Revitalization
Act.)

Performance Goal 5.2.1
Prisoner Bedspace Capacity Activations

DOJ will support BOPs efforts to reduce the systemwide overcrowding rate to 29 percent with the addition of over 3,600 new beds.

In FY 1999, BOP incarcerated more than 133,000 inmates in
94 BOP-operated institutions, 2 privately managed prisons,
a variety of contract facilities, and home confinement. The
Department supported BOPs efforts to reduce systemwide
overcrowding through several bedspace activations. These
included FMC Devens, Massachusetts; FCI Beaumont, Texas;
FCI Edgefield, South Carolina; and a camp at FCI Forrest
City, Arkansas.

Performance Goal 5.2.1 / Prisoner Bedspace Capacity Activations

Performance Indicator

1997
Actual

1998
Actual

1999
Planned

1999
Actual

(1) Number of beds added (BOP)

6,580

3,029

3,691

3,530

(2) Percent overcrowding by security level (BOP)

Systemwide

22

26

29

31

Medium

37

48

44

51

High

52

56

57

50

Data Source: SENTRY.

Explanation For Not Meeting Target

(1) and (2) BOP missed 1999 planned targets by a small amount.
These slight deviations reflect no problems or issues with performance
and pose no negative consequences to the program or its related activities.

Management Challenge
Overcrowding in Federal Prisons

As of September 30, 1999, BOPs overcrowding rate increased to 31 percent over rated capacityfrom 5 percent last year with prison
overcrowding likely to continue as a material weakness. BOP continues to rely
on funding to build and acquire additional facilities to help it manage its
growing inmate population and reduce the overcrowding rate. As of September
30, 1999, BOPs institution- based population was 117,2959,088 more
inmates than were housed at the end of FY 1998. The total BOP population (including
contract facilities) increased by 11,373 during FY 1999, breaking last years
record for the largest 1-year increase ever experienced by BOP. The Department
projects continued growth in the prison population, which should reach 160,118
by September 30, 2004. Through new facilities construction and expansion projects
at existing institutions, the Departments Long Range Capacity Plan projects
a rated capacity of 112,148 beds by September 30, 2004, at which time overcrowding
is projected to be 45 percent over rated capacity. These projections were revised
during FY 1999, based on analysis of data provided by the Administrative Office
of the United States Courts. Driving the growth are increases in drug and immigration
cases.

Performance Goal 5.2.2
Prison Construction

DOJ will continue to support BOPs construction program to build additional
facilities needed to assume the District of Columbia (DC) inmate
population and to reduce the overcrowding levels at existing facilities.

Funding for construction of new prisons is aimed at reducing
overcrowding at existing facilities and providing adequate
space for transfer of the DC inmate population. In FY 1999,
BOP continued to increase Federal prison space by constructing
and activating new facilities and by exploring opportunities for
renovating and expanding existing ones. BOP uses population
forecast modeling to help plan for future construction and contracting
requirements. It met its target in 1999, with 19 new
facilities under design or construction in many different states:
New York, North Carolina, Arkansas, Hawaii, Texas,
Pennsylvania, Louisiana, Virginia, Kentucky, Mississippi,
Florida, West Virginia, South Carolina, and California.

Performance Goal 5.2.2 / Prison Construction

Performance Indicator

1997
Actual

1998
Actual

1999
Planned

1999
Actual

Number of facilities under design or construction (BOP)

15

13

19

19

Data Source: Internal construction and facilities reports.

Performance Goal 5.2.3
Contract Confinement

To help ensure sufficient capacity to imprison violent offenders to the
fullest
extent of the law, DOJ will increase the percentage of its population in
other-than-BOP facilities. These include halfway houses, contract facilities,
and home confinement.

Use of secure and community-based alternatives to traditional confinement
helps BOP address the prison overcrowding problem by placing nonviolent Federal
prisoners in other-than-BOP facilities. In 1999, such alternatives included
home confinement, community corrections centers, private facilities, local jails,
and juvenile facilities. Additionally, BOP continued to pursue intergovernmental
agreements to set up property transfers, joint use contracts, and other cooperative
arrangements. At the close of FY 1999, 15,752 inmates were confined in alternative
confinement programs as follows:

1,328 in home confinement;

5,798 in community corrections centers (CCCs);

3,080 in privatized facilities;

678 in jails/short-term detention;

256 in juvenile facilities; and

4,612 in state and local facilities by intergovernmental agreement.

The total number of offenders in CCCs and home confinement
grew from 6,765 at the end of FY 1998 to 7,126 at the end of
FY 1999an increase of 5.3 percent.

Performance Goal 5.2.3 / Contract Confinement

Performance Indicator

1997
Actual

1998
Actual

1999
Planned

1999
Actual

Number of inmates in alternative confinement programs
(BOP)

11,198

14,109

16,070

15,752*

*This figure does not include 642 INS inmates housed by BOP in Eloy.
Data Source: SENTRY.

Explanation For Not Meeting Target

BOP fell short of the 1999 planned target by a small amount. This slight deviation
reflects no problems or issues with performance and poses no negative consequences
to the program or its related activities.

DOJ will continue implementation of the Revitalization Act, which transfers
responsibility to BOP for housing felons sentenced under the DC Code
and to the U.S. Parole Commission (USPC) for conducting parole hearings
for these felons. In 1999, BOP will contract to house 1,100 DC adult sentenced
felons. Construction will continue toward completion of Federal Correctional
Institutions to absorb DC-sentenced felons into the Federal Prison System.
USPC will conduct about 450 hearings per month.

The Department and BOPcommitted to housing and maintaining
felons transferred from the DC Department of Corrections under
the Revitalization Acthave undertaken expansion activities to
accommodate this population. The Revitalization Act requires that
2,000 DC inmates be housed in contract facilities by 2001 and that
others be transferred to BOP as soon as practical. Closure of DCs
Lorton Reformatory by December 31, 2001, remains on track.

Since passage of the Revitalization Act in 1997, BOP has accepted
1,861 DC-sentenced felons. To help accommodate the influx,
BOP has seven facilities under development in six states
Kentucky, Florida, Virginia, West Virginia, Pennsylvania, and
South Carolinathat will provide housing for this population.
USPC is responsible for conducting parole hearings for these
prisoners.

(1) In FY 1999, BOP housed 1,022 DC-sentenced felons, a slight
deviation from the goal number that did not affect overall activity
or performance.

(3) A shortfall of 223 planned versus actual hearings per month is attributable
to two major factors. First, many hearings were postponed because of inadequate
case files and documentation. Second, estimates of the parole-eligible population
under the jurisdiction of the DC Department of Corrections have not been reliable
or consistent. Earlier estimates for this population exceeded 7,000; current
estimates are much lower, but their accuracy is uncertain. The nature of the
offenses committed by this population and the lack of documentation have made
this caseload much more labor-intensive than the Federal caseload. Therefore,
the shortfall in the estimate does not lessen the impact of the workload on
USPC staff. Future estimates of planned productivity will be adjusted downward
based on 1999 actual performance.

Strategic Goal 5.3
Maintain and operate the Federal Prison System in a safe,
secure, humane, and efficient manner.

To ensure integrity throughout the Federal Prison System, the
Department has embraced a strategy of properly training and
equipping BOP staff and ensuring compliance with all applicable
environmental, health, and safety standards for its institutions.
To get feedback on its operations, BOP conducted in 1999
almost 500 program reviews (internal audits) of its institution,
regional, and central office disciplines. Numerous institution
and staff surveys sought to assess overall staff and inmate morale,
communication, professionalism, and degree of community
relations, along with general perceptions of institution operations,
safety, executive leadership, and inmate supervision. Additionally,
the Department continued to see to the humane and secure
treatment of inmates, including those on death row.

Special Unit to Humanely House Death Row Inmates

On July 14, 1999, the Special Confinement Unit at USP Terre Haute
opened. Its mission is to provide humane, safe, and secure confinement of
male offenders sentenced to death by the Federal courts. The renovated
housing unit includes 50 single cells, an industrial workshop, indoor and
outdoor recreation areas, a property room, a food preparation area, attorney
and family visiting rooms, and a videoconferencing area.

This Strategic Goal includes only one Performance Goalthat addressing
modernization and repair.

Performance Goal 5.3.1
Modernization and Repair

DOJ will support BOPs Modernization and Repair (M&R) program
to maintain BOP facilities to provide a safe and secure environment. BOP will
continue its special survey program of 15 facilities, which are over 50 years
old and have not undergone major renovations and improvements, to develop detailed
long-range master plans for these facilities.

Record overcrowding has taken its toll on Federal prisons, particularly
on older facilities designed for a much smaller inmate population. BOPs
M&R Program undertakes essential rehabilitation and renovation or
replacement projects to ensure that prison structures, utilities systems,
and other plant facilities remain in good repair. Failure to maintain
structures not only erodes capital investment and multiplies future
repair costs, but can also cause direct and/or indirect security problems.
In 1999, BOP continued to repair and renovate facilities as required;
identify any hazardous waste on prison property; and comply with fire,
life safety, and electric codes, as well as water-works standards. BOP
completed 680 M&R projects in 1999, 66 percent over its target of 410.
In future years, BOP plans to complete approximately 450 M&R projects
each year, and has been working diligently to complete those more than 3
years old. Additionally in 1999, BOP met its goal of completing four special
50+ surveyslong-range master plans for facilities more than 50 years old.

Performance Goal 5.3.1 / Modernization and Repair

Performance Indicator

1997
Actual

1998
Actual

1999
Planned

1999
Actual

(1) Number of projects in process and completed during
the Fiscal Year (BOP)

394

435

410

680

(2) Number of planned special 50+ surveys
completed (BOP)

0

4

4

4

(3) Percentage of Life Safety discrepancies completed
(BOP)

96%

98%

99%

98%

Data Source: Internal construction and facilities reports.

Explanation For Not Meeting Target

(3) In FY 1999, BOP completed 98 percent of Life Safety discrepancies, a slight
deviation from the goal number that did not affect overall activity or performance.
In 1999, one institution project, FCI Sandstone, Minnesota, was not completed
as planned, but will be completed in 2000.

Strategic Goal 5.4
Provide productive work, education, medical, and other
programs to meet inmate needs and facilitate their successful
reintegration into society, consistent with community
expectations and standards.

BOPs correctional programs seek to balance punishment, deterrence,
incapacitation, and opportunities to prepare the offender for successful
reintegration into society. In FY 1999, BOP continued to expand and
improve the quality of prison work and education programs to alleviate
inmate idleness and help inmates develop marketable skills. All medically
fit inmates had access to general education and skills-based training,
psychological services, and religious and fitness activities. Inmates also
took part in such productive activities as adult education and parenting
classes. Federal Prison Industries (FPI) employed roughly 17 percent of
inmates housed in low-, medium-, and high-security institutions. BOP also
provided residential drug treatment programs to all eligible inmates, and
continued to provide necessary quality health care to inmates and detainees
while controlling costs. This Strategic Goals one Performance Goal addresses
the many aspects of inmate services.

Performance Goal 5.4.1
Inmate Services

DOJ will support BOPs efforts to provide services and programs to
address inmate needs that contribute to their successful reintegration into
society. These efforts will include the following:

BOP also provided inmates with a range of services and programs
to address their needs and contribute to their successful
reintegration into society. On average, 36 percent of inmates
enrolled in one or more education programs in FY 1999. These
included occupational training programs, for which enrollment
topped 16,100. Also, nearly 21,000 inmates worked for FPI,
which activated two new factories in FY 1999FCI Beaumont
and FCI Edgefieldand established 600 new inmate jobs.

More than 10,800 inmates participated in residential drug treatment
programs, and approximately 6,500 inmates completed
nonresidential drug treatment programs. An interim report
from an ongoing evaluation of BOPs residential drug treatment
program confirmed the importance of treatment in reducing
recidivism and future drug use. The evaluation, conducted
with funding and assistance from the National Institute of Drug
Abuse, revealed that offenders who completed the program and
were released for 6 months were less likely to be rearrested or
detected for drug use than were similar inmates who did not
participate in the program.17

Performance Goal 5.4.1 / Inmate Services

Performance Indicator

1997
Actual

1998
Actual

1999
Planned

1999
Actual

(1) Percentage of inmates enrolled in one or more educational
programs (BOP)

30%

36%

32%

36%

(2) Number of participants in residential drug treatment
programs (BOP)

7,895

10,006

7,500

10,816

(3) Number of beds available for residential drug treatment
programs (BOP)